Brief Facts of the Case
Under the Right to Information Act, 2005, an applicant sought information from a Central Public Sector Undertaking (PSU) regarding matters related to employee promotion. The applicant specifically requested details about the applicable policy, departmental procedures, and relevant records concerning the promotion of an employee facing serious criminal charges.
The Central Public Information Officer (CPIO) provided a partial response while denying certain information on the ground of confidentiality. Dissatisfied with the reply, the applicant filed a First Appeal and subsequently approached the Central Information Commission (CIC) through a Second Appeal.
During the Hearing
During the hearing, the department informed the Commission that all available factual information pertaining to the matter had already been furnished to the applicant. The department further submitted that certain records were related to a third party and, therefore, could not be disclosed.
However, it was also brought before the Commission that the applicable Promotion Policy and the relevant Circulars currently in force could be provided to the applicant.
Decision of the Commission
After examining the records, the Central Information Commission made the following important observations:
- Personal service records and file notings relating to a third party are protected under Section 8(1)(j) of the RTI Act and are exempt from disclosure.
- The response provided by the department on certain points was not adequate.
- The department was directed to furnish a copy of the applicable Promotion Policy to the appellant.
- The department was also directed to provide copies of the relevant Circulars governing the promotion process.
- A revised reply was ordered to be issued within the prescribed period.
Relief Granted to the Applicant
Although the Commission did not direct disclosure of third-party personal records or file notings, the applicant received significant relief as the Commission directed the department to:
✔ Provide a revised and complete reply.
✔ Furnish a copy of the applicable Promotion Policy.
✔ Supply copies of the relevant Circulars currently in force.
Key Takeaways from the Decision
This case demonstrates that when a public authority provides incomplete, vague, or inadequate information, citizens can obtain effective relief by pursuing the matter before the Central Information Commission.
The decision also clarifies that:
- Public policies and administrative circulars are generally disclosable under the RTI Act.
- Personal service records, file notings, and private information relating to an employee may be protected from disclosure under Section 8(1)(j) of the Act.
Conclusion
The Right to Information Act is not merely a mechanism for obtaining information; it is a powerful tool for ensuring administrative transparency and accountability. In this case, the intervention of the Central Information Commission ensured that the applicant received additional and clearer information that had not been adequately provided earlier, thereby safeguarding the applicant’s right to information.
Do You Need to File an RTI, First Appeal, or CIC Second Appeal?
If your RTI application has been rejected, you have received incomplete or incorrect information, or no reply has been provided within the prescribed time limit, you are legally entitled to file a First Appeal, Second Appeal, or Complaint under the Right to Information Act, 2005.
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